“Tonight is Bernie’s birthday,” Jeremy said to his friend, Adam. “We’re planning a surprise party for him. Would you like to join?”

“Sure!” said Adam. “What can I bring?”

“Chocolate chip cookies would be great,” said Jeremy.

Since it was shortly after Pesach, Adam bought the cookies at a corner grocery whose owner did not seem to be Jewish. He brought the cookies with him to the birthday party.

“Where did you buy the cookies?” asked Jeremy.

“At the grocery on the corner,” said Adam.

“Sorry, but I was told by a reliable kashrus authority that the store is owned by a Jew,” said Jeremy. “He did not sell his chametz, so the cookies are prohibited!”

Jeremy took the pack of cookies, tore it open, and dumped the contents into the garbage.

Adam stared at him. “Why did you do that?” he asked angrily.

“What do you mean?” said Jeremy. “The cookies are chametz she’avar alav haPesach and completely prohibited. What is there to do with them?”

“I could have returned them to the store and gotten my money back,” said Adam.

“The cookies have no monetary value,” replied Jeremy. “The sale was a non-sale, and he owes you the money anyway.”

“But he won’t refund the money if I don’t return the cookies,” argued Adam. “You’ve made me lose the money, and you owe me what I paid for them.”

“How could I have to pay for something that has no monetary value?” asked Jeremy.

“Whether it has value or not, I need the package of cookies to get my money refunded,” replied Adam. “Bottom line, you’ve caused me a loss!”

After the party, the two went to Rabbi Dayan and asked: “Is Jeremy liable for the cookies?”

“This case is known in halacha as davar hagorem l’mamon — something that has monetary ramifications but no inherent monetary value,” replied Rabbi Dayan. “Jeremy is not liable for the cookies according to most authorities.”

“I don’t think I’ve ever heard of that term,” said Adam. “Can you elaborate?”

“The Gemara (B.K. 98b) discusses the case of a person who stole chametz before Pesach and held it for the duration of Pesach,” replied Rabbi Dayan. “The chametz is now prohibited as chametz she’avar alav haPesach and monetarily worthless. Nonetheless, if the thief returns the stolen chametz intact, he is exempt from additional payment (C.M. 363:1).”

“Wow, that’s surprising!” said Adam.

“Now, suppose that you destroyed the chametz after Pesach before the thief had a chance to return it,” continued Rabbi Dayan. “The chametz has no intrinsic monetary value, but has ramifications for the thief. If he returns the chametz, he is exempt; if not, he will have to pay what the chametz was worth when he stole it. Do you have to pay the thief for the damage that you caused him?”

“Good question,” said Jeremy.

“This is a dispute between Rabbi Shimon and the other Sages,” explained Rabbi Dayan. “Rabbi Shimon maintains that since the chametz has monetary ramifications for the thief, it is considered something of value to him, so you have to pay. The Sages maintain, however, that since the chametz that you destroyed has no inherent monetary value, you are not liable.”

“This seems parallel to our case,” noted Adam.

“Correct. The package of cookies has no intrinsic value, but has ramifications for Adam to get a refund,” said Rabbi Dayan. “We rule like the Sages, so Jeremy is not liable. The Shach (C.M. 386:1, 11) cites the opinion of the Ramban, that even according to the Sages there is an obligation of garmi, but sides against this opinion. Furthermore, the store owner owes you the refund even if you do not return the cookies, since he sold you a worthless item. Thus, Jeremy does not have to pay for the cookies, even if the store owner refuses to give a refund without the return of the cookies.” (See Pischei Choshen, Nezikin, 3:[57]; 10:20 regarding grama.)